| People v Lopez, Ollman |
| Motion No: 2007-02990 |
| Slip Opinion No: 2008 NYSlipOp 81607(U) |
| Decided on September 2, 2008 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M75125
T/sl
ROBERT A. SPOLZINO, J.P.
DAVID S. RITTER
HOWARD MILLER
MARK C. DILLON, JJ.
|
2007-02990 The People, etc., respondent, v Ollman Lopez, appellant. (Ind. No. 18/05)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that the decision and order on motion of this court dated August 25, 2008, which granted the appellant's motion for leave to serve and file a supplemental pro se brief on an appeal from a judgment of the Supreme Court, Richmond County, rendered February 13, 2007, is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant pro se for leave to file a supplemental brief on an appeal from a judgment of the Supreme Court, Richmond County, rendered February 13, 2007, and to be furnished with a copy of the typewritten transcript of the proceedings, if any. Application by the respondent for leave to serve and file one brief in response to the supplemental pro se brief and the brief of the appellant's assigned counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,
ORDERED that the application is denied.
Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
SPOLZINO, J.P., RITTER, MILLER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court